ACLU CITES OUTDATED LAWS TO FIGHT BIBLE DISTRIBUTION
Threatens every Kentucky school district
WND
June 20, 2013
The ACLU has
threatened to sue Kentucky’s 174 school districts if they refuse to ban the
distribution of Gideon Bibles, but the warning lacks teeth, according to the
Alliance Defending Freedom, which contends it is based on outdated
law.
“Most of the decisions cited in the ACLU’s letter are no longer
good law as they were issued before the Supreme Court decided Good News Club
in 2001,” ADF told school officials in a letter sent to correct an ACLU
missive.
ADF jumped into action when it became aware of the threat from
the ACLU.
“Public schools should encourage, not shut down, the free
exchange of ideas,” said ADF Litigation Staff Counsel Rory Gray. “That’s why
the schools frequently allow a wide array of groups to distribute literature
of various sorts to students. Singling out the Gideons while allowing other
groups to distribute literature would be clearly
unconstitutional.”
Get Jerome Corsi’s “Bad Samaritans: The ACLU’s Relentless
Campaign to Erase Faith From the Public Square,” a new and scorching exposé of
the group, examining its history, goals, tactics, funding, and the war it
daily wages against faith and the legacy of the Founding Fathers.
The issue arose when the ACLU dispatched a letter to every
school superintendent in the state, threatening lawsuits if they would not
submit to ACLU demands and ban distribution of Bibles by members of the
Gideons organization.
“We write to correct several misrepresentations made in the
ACLU’s letter and to inform you that allowing religious community groups, like
the Gideons, to distribute literate at tables in the school hallways or by the
entrances and exits on an equal basis with their secular counterparts fully
complies with the Establishment Clause,” the ADF letter said.
ADF argued that federal cases have “consistently affirmed
private citizens’ right to share religious literature at public schools on
equal terms with those promoting non-religious literature.”
According to the 4th U.S. Circuit Court of Appeals, allowing
Bibles to be distributed on equal terms with other material “did not advance
religion but served the secular purpose of providing all community groups with
an equal opportunity to communicate with students.”
ADF argued that controlling Supreme Court and Sixth Circuit
precedent permits school districts to allow community groups, like the
Gideons, to make Bibles and other religious materials available to students on
tables in the hallways or school lobby as a neutral forum established for
private speech.
“Indeed, excluding religious community groups from such a forum
would clearly violate the First Amendment,” ADF said.
“The First Amendment does not allow religious speech to be
singled out for discrimination,” added Senior Legal Counsel Jeremy Tedesco.
“Kentucky schools should not allow the ACLU to brow beat them into a
constitutional violation.”
WND has reported previously on disputes over the distribution
of Bibles by Gideons and when a related group launched an effort to get
children copies of Scripture.
The outreach is called the Lifebook. In its first a few weeks,
it delivered more than 300,000 copies of the Gospel message to students inside
their schools.
The Geneva Bible, as it was used by Shakespeare and the
Pilgrims
The distribution is permitted because the books are delivered
by volunteer students on a peer-to-peer basis during non-instructional blocks
of time, such as between classes.
Carl Blunt directs the outreach, which is a separate
organization but still has links to the Gideons.
“It’s difficult with the established guidelines and case law to
stop a student from distributing religious literature in the public school,”
he said.
In the program, a local church is identified to provide
leadership and coordination, student volunteers are recruited and trained, and
the Bible messages are given to the students to hand out.
Even the ACLU has written that the students have such rights in
a 2002 statement on its website.
Regarding an Iowa dispute over Christian students who wanted to
distribute religious literature during non-instructional time, an ACLU
executive said: “The school’s policy against the distribution of religious
literature outside of class is clearly wrong. Not only does the policy violate
the students’ right to freely exercise their religious beliefs, but it also
infringes on their free speech rights.”
Blunt told WND the distribution does not interrupt the
educational environment. It’s not during class periods and avoids many of the
past problems associated with having adults hand Bibles to public school
students.
Bro. James D
Albright
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